Triple Talaq Bill: Textbook Case Of Legislative Incompetence

The triple talaq Bill (The Muslim Women (Protection of Rights on Marriage) Bill, 2017), which is being hailed as a historical reform for benefit of Muslim women, was hurriedly passed by the Lok Sabha on Thursday. The present regime has shown its intellectual mediocrity and legislative inefficiency through this poorly-drafted piece of legislation.The draft Bill raises some important questions most importantly that of urgency in getting the Bill tabled and passed in Lok Sabha. The object statement...

Punjab & Haryana HC Lawyers Seek Probe Into Judge Loya’s Death

As many as 470 members of the Punjab and Haryana High Court Bar have written to the Chief Justice of India and forwarded the representation to judges of the Supreme Court and the acting chief justice of the Bombay High Court seeking a probe into the death of former special CBI judge BH Loya, who was presiding over the Sohrabuddin trial.As reported by the Hindustan Times, these lawyers are...

Triple Talaq Bill In Current Form May Create More Victims Than Help Any

The government has passed The Muslim Women (Protection of Rights on Marriage) Bill, 2017 (in common parlance, known as the Triple Talaq Bill), in a great hurry without any serious discussion or debate. The immediate question which arises is whether anyone has thought of the practical implications of such a harsh step like penalizing of triple talaq.Let us try to understand whether the ostensible victims of triple talaq would really find succour in this Bill. Will it help the victims, or add to...

Allahabad HC Grants Bail To Accused Of Rape And Voyeurism, Violates Mandate Against Identity Disclosure Of Victim

The Allahabad High Court has granted bail to an accused charged under sections 354C, 376 and 506 of the IPC for acts of voyeurism, rape and criminal intimidation, respectively, and sections 66E and 67A of the Information Technology Act of 2000 for violation of privacy and transmitting and publishing sexually explicit content.Further, violating the judicial mandate against identity disclosure...

“Judicial Diktats Alone May Not Be Able To Defend A Constitutional Culture”, Says Advocate And Author, M.P.Raju [PART 1]

Supreme Court advocate, M.P.Raju’s new book, India’s Constitution: Roots, Values & Wrongs, [Media House, Delhi, 2017] starts with a simple question: “India has a Constitution.  Does she have a constitutional culture?”.  Attempting to answer this in 464 pages of his book, Raju takes the readers to the social and moral dimensions of India’s Constitution.Today, most of us take India’s Constitution for granted.  Raju reminds us, quoting Justice H.R.Khanna, that behind it, there is a story of...

Legal Aid For Accused Should Not Be For Namesake,Experienced Lawyers Should Be Provided For Conducting His Case: Bombay HC [Read Judgment]

Legal aid to be provided at state expenses should not be for namesake, the bench said.The Bombay High Court has directed trial court judges that sufficiently experienced lawyer should be provided for conducting the case of the accused and they should be appointed only after recording satisfaction of their competency.The Aurangabad bench of Justice TV Nalawade and Justice AM Dhavale made...

Hosteller Moves Kerala HC Challenging Gender Discriminatory Hostel Rules Curtailing Women’s Freedom Of Movement [Read Petition]

The hostel rules of Sri Kerala Varma College, Thrissur, Kerala, affiliated to the University of Calicut, have been challenged by a lady student, Anjitha Jose, who is in third year of BA (English) course. According to her, the hostel rules impose unreasonable and discriminatory restrictions on female students.It is stated in the petitioner that for females, the in-time on Monday, Wednesday...

Why Biometric Aadhaar Database Project Should Be Abandoned

Biometric databases have given birth to gnawing present and future civil liberties and civil rights concerns. Biometric identification exercise has been in use at least since 19th century. History of biometric profiling is a history of violence and repression. A stolen password can be changed but stolen fingerprints cannot be changed.Biometric identification is an invitation to violence. A motorist in Germany had a finger chopped off by thieves seeking to steal his exotic car, which used a...

Launch Of Vidhi’s Briefing Book On Rule Of Law: ‘Does Democracy Mean All Is Well On Rule Of Law Front’?

On Friday, the Vidhi Centre for Legal Policy hosted an event at the Constitutional Club of India in New Delhi to celebrate the launch of its briefing book Towards the Rule of Law: 25 Legal Reforms for India. The book launch was followed by a public debate on the motion: “This house believes that present day India is a rule of law State”.The debate, moderated by Rajdeep Sardesai,...

2G Scam: Legality Vs Criminality

The judgment in 2G "scam" has shocked the Indian middle class dominated by technocrats. The answer lies in their failure to understand the difference between what is meant by legality and what is known as criminality.The SC, in its writ jurisdiction, tested the legality of 2G license allocations and finally in 2012 struck down the allocation on the ground that the allocation was arbitrary, as the transparent procedure of public action was not followed.On the other hand, criminality is a...

Delhi HC Uphold Conviction Of Six Policemen In A Custodial Death Case, Says Not Much Has Changed Since 'D.K. Basu' Judgment [Read Judgment]

The Delhi High Court, last week, upheld the conviction of six Policemen belonging to the Special Staff of the Delhi Police for the custodial death of one Dalip Chakraborty in 1995.Hearing the Appeals filed by the officers, the Bench comprising Justice S. Muralidhar and Justice I.S. Mehta, at the outset, referred to the Supreme Court decision in the case of D.K. Basu v. State of West...

Delhi HC Suspends Two Judicial Officers For Alleged Corruption, Audio Clips Handed Over To HC

The Delhi High Court has suspended two judicial officers posted at Dwarka courts over charges of alleged corruption. The high court has suspended Additional District Judge (MACT) Jitendra Mishra and Special Judge (Electricity) Naveen Arora. The high court is also in possession of audio recordings against Mishra, sources informed. “While Naveen Arora’s foreign trips were funded by...